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HomeMy WebLinkAboutReso 2006-886 RESOLUTION NO. 2006- 88to A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SIGNAL TECHNOLOGY, INC., FOR THE REMOVAL AND REPLACEMENT OF SIXTEEN (16) PEDESTRIAN SIGNALS ON COLLINS A VENUE, IN THE AMOUNT OF SIXTEEN THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($16,368.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUA TE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") desires to replace sixteen (16) pedestrian crosswalk signals, located on Collins Avenue at 1581h, 172ncl, l74th and I 83rd Streets, with easier to read and understand signals for the safety and welfare of citizens and visitors; and WHEREAS, staff contacted several vendors for price quotes for the removal and replacement of the sixteen (16) pedestrian signals; and WHEREAS, Signal Technology, Inc. has submitted a quote 111 the amount of Sixteen Thousand Three Hundred Sixty-Eight Dollars ($16,368.00); and WHEREAS, the Signal Technology, Inc. proposal is the lowest most responsive, responsible bid, staff recommends the City enter into an agreement with Signal Technology, Inc. for said services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The Agreement with Signal Technology, Inc. for removal and replacement of sixteen (16) pedestrian signals on Collins A venue, in an amount of Sixteen Thousand Three Hundred Sixty-Eight Dollars ($16,368.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution shall become effective upon adoption. R2006- Pedestrian Signal Agrmt W-Signal Technology Page I of2 ATTEST: ~Cht.~~ Jane A. Hines, CMC, City Clerk AND Vote: 6-0 Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis Thaler R2006- Pedestrian Signal Agrml W-Signal Technology Page 2 of2 Moved by: 6W\rM~ ~ ~t>n1l41\j Seconded by: V\'u. y1\~Oy ~~~ "'Z.ll\! L./ (Yes) ~ (Yes) ~Yes) =-(~s) --.0Yes) _(No) _(No) _(No) _(No) (No) CITY OF SUNNY ISLES BEACH PEDESTRIAN LIGHTS UPGRADE THIS AGREEMENT entered into this I ~ (1... day of f./ Jo (va.... r1 2006, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and SIGNAL TECHNOLOGY, INC. (hereinafter referred to as "Contractor"). WHEREAS, the City maintains the streets within the City's limits; and WHEREAS, the City wish to install countdown pedestrian signals to provide the patrons and visitors of Sunny Isles Beach with an easier to read and understand signals; and WHEREAS, Signal Technology Inc. has express the ability and desire to install the new countdown pedestrian signals; and WHEREAS, the City desires to contract with Contractor to provide the services described in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: I. Services. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner, to perform the work designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The services described in Exhibit "A" shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Exhibit "A" and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to Property, improvements and persons at the Property. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those services and any damages the City may suffer as a result of the failure of performance by Contractor. 2. Additional Services. If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. The total price for these services is $16,368.00. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts unti I they are resolved by agreement with Contractor. Signal Technology, Inc. Attorney/ Contract, Agreement Page 1 of 4 SIB 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thilty (30) days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. 5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and propelty damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Depaltment. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thilty (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8. Waiver of Liability/Indemnity. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of propelty resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Signal Technology, Inc. Page 2 of 4 Attorney/ Contract, Agreement SIB Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 9. Assienment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consol idation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. Term. The term of the Contract shall commence upon execution, and shall terminate upon completion of work described in Exhibit "A". The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive termination of this Agreement. II. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Chief Fred Maas, Interim City Manager and one to Hans Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. The address of the Contractor: C/o Kelly D. Wood for Signal Technology, Inc. is 3701 SW 47 Avenue, Suite 101, Fort Lauderdale, 33134. 12. Governine Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 13. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. IfCity fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. ] 4. Attorney's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial COllli and appellate Signal Technology, Inc. Attorney/ Contract, Agreement Page 3 of4 SIB court, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. 15. Miscellaneous.ln the event any provIsion of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterpm1s, each of which shall be deemed an original for all purposes. This Agreement shall constitute the entire agreement between the pal1ies with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the pm1ing granting such waiver. 16. Conflictin2 Provisions: The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the pal1ies hereto have executed this Agreement in duplicate on the day and year first written above. SIGNAL TECHNOLOGY, INC. BY: B~~~~~~r ~~L1.4 \)r ~~ i \hC1 ~ CITY OF SUNNY ISLES BEACH Q' ~tuJJ Norman S. Edelcup, ATTEST: ~AL Jane A. Hines, CMC, City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 phone (305)792-1562 Fax Page 4 of4 Signal Technology, Inc. Attorney/Contract, Agreement/jb SIB REVISED QUOTE TO UPGRADE PEDE~T~IAN Contractor: THE CITY OF SUNNY ISLES ..... Location: 4 Locations on AlA Subcontractor: Signal Technology, Inc. 3701 SW 47 Avenue, Suite 101 Ft. Lauderdale, Florida 33314 County: Miami-Dade Date: 1/18/2006 Description . This quote is to cover the cost of removing 16 old modules and replacing them with new countdown pedestrian heads. These pedestrian heads are to be replaced on Collins Avenue at 158, 172, 174, and 183 Street. UM Quantity Unit Price LS 1.00 $ 16,368.00 Extension $16,368.00 $16,368.00 This Change Order Amount: $16,368.00 Comments: Please sign below and send this quote back to my attention if you are in agreement. Please allow time for procurement of materials and scheduling if you are in agreement with this quote. Please call me if you have an~ questions. Thank you. Signal Teclmology, Inc. By: Date: By: Becky Stevens, Project Manager Date: 1/18/2006 7 '..I I 7QO 'O~I vW9l:6 900l '8l 'u~r SIB City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner Police Chiet Fred Maos Interim City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net February 23,2006 Becky Stevens, Project Manager Signal Technology, Inc. 3701 S.W. 47 Avenue, Suite 101 Ft. Lauderdale, Florida 33134 Re: Pedestrian Signal Removal and Replacement Agreement Dear Ms. Stevens: At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-886, which approved the above agreement. Encolsed are the two (2) original agreements for execution and witnessing by Signal Technology. Upon completion, please return both originals to my attention. We will then finalize processing of the Agreements and return one original agreement and a copy of the approving resolution to your attention. Should you have any questions related to the processing of this agreement, please call me at (305) 792-1703. However, should you have any questions related to performance of this agreement, please call Jorge L. Vera, Assistant City Manager, at (305) 792-1701. Thank you. ~ truly yours, ~~O~ WoIDsf-- Priscilla Walker Deputy City Clerk Attachments: cc: Police Chief Fred Maas, Interim City Manager (cover letter only) Hans Ottinot, City Attorney (cover letter only) Jorge L. Vera, Assistant City Manager (cover letter only) Shaun Gelvez, Contracts Administrator (cover letter only) Pedestrian Signal j\grmt L':xec Reg Ltr